Student guide to executive orders 

Dr. Lauren Foley teaches one of her Intro to American Government classes about the judicial branch of the government. Dr. Foley is a full-time humanities, social & behavioral sciences faculty member at WCC. Abigail Gibb | The Washtenaw Voice

Abigail Gibb | Contributor 

President Donald Trump has signed over 100 executive orders since the beginning of his presidency. With new information about them coming almost daily, what do students need to know about executive orders? 

What is an executive order and what can it do (or not do)?

An executive order is a signed and issued instruction that allows the president to carry out the law–a responsibility of the executive branch. These orders may range from creating a new department or implementing a new procedure.

Executive orders cannot override federal laws. Any law, treaty, or court decision takes precedence over an executive order. For example, Congress could pass a law requiring the federal government to recognize same-sex marriages, according to congress.gov. 

The president could issue an executive order to clarify the procedures or guidelines on how the government will recognize and process them. 

How are they put into action?

Because of an executive order’s implication and inherent nature, nothing is written about how an executive order should be written or implemented. Technically, a president could write and sign anything and call it an executive order.

Traditionally, depending on the department involved, the head of the department or representative would review the draft language, most times not involving the president. Once the draft is written, it may be sent to the Attorney General or even the Federal Register, where they may have input on it. This is often done so the court system doesn’t stop the order. Then, the order is sent to the president who would sign it.

There is no specific timeline for when an executive order takes effect. Depending on the executive order and whether or not it includes a timeline, executive orders can take anywhere from immediately after signing to months to years to take effect. 

Why can executive orders be confusing?

Lauren Foley, a full-time humanities, social and behavioral sciences faculty member at WCC teaching “Intro to American Government” this winter semester, said executive orders can be so confusing because “there is no exact, ‘You can’t do this, You can do this.’ That’s really up for the courts and Congress to decide.” 

Executive orders are an implied and inherent power given to the president in the Constitution. While not explicitly stated, they have developed to help the president carry out the law. This means that he or she should be able to direct the executive branch’s departments and agencies to carry out or refrain from different actions and procedures. 

That means the president can push the boundaries of what they can do because executive orders are an inherent implied power. We have the division of powers for this reason. The president cannot go around those checks and balances built in by issuing an executive order, nor can he assume authority from other branches, such as the authority granted to Congress to enact new laws or to the courts to declare certain laws unconstitutional. 

What can you do about an executive order you don’t like?

There is no direct number to call or website to submit to where an average citizen can express their dislike of an executive order. So, what can one do?

Foley said this advice: “For an average citizen like you and me, it can be frustrating because there isn’t really a direct avenue for you or me to say, ‘I don’t like that.’.”

Foley recommends going to your Michigan senators and representatives and pressuring them to pass a law. Remember, executive orders cannot override federal laws. 

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